‘A’ an Indian Christian dies leaving property of the net value of Rs. 5,00,000 (Five lakhs). He is survived by his widow and son. Distribute the property.

Facts of the Case

A, an Indian Christian male, dies intestate leaving behind a widow and a son. The net value of his estate amounts to Rs. 5,00,000. No will is left by A. The question arises as to how the estate should be distributed among his heirs under Indian Christian Succession Law, which is governed by the Indian Succession Act, 1925 (Part II – intestate succession for Christians). The case involves determining shares of widow and son under the statutory provisions of the Act.

Issues in the Case

1. What is the share of the widow under the Indian Succession Act, 1925, Part II?
2. What is the share of the son?
3. How is the property divided between the widow and the son?
4. Whether any other heirs have a claim under Indian Christian succession law.

Legal Principles Covered to Support Case Proceeding and Judgements

Under Indian Succession Act, 1925, Part II (Christians, intestate succession):

• Section 28: The property of a deceased Christian male shall devolve upon the widow and children equally.
• Widow: Entitled to 1/3rd of the estate if there are children.
• Children: The remaining 2/3rd of the estate is divided equally among the children.
• In this case, there is only one son, so he will receive the entire 2/3rd share.

Calculation:

• Estate = Rs. 5,00,000
• Widow’s share = 1/3 × 5,00,000 = Rs. 1,66,667
• Son’s share = 2/3 × 5,00,000 = Rs. 3,33,333
• Legal Reference: Sections 28–32, Indian Succession Act, 1925.
• Law of Contract Analogy: The devolution of property is akin to a statutory contractual obligation, enforceable among entitled heirs.

Possible Judgement

The court would likely decree:

1. The widow receives Rs. 1,66,667 as her share of the estate.
2. The son receives Rs. 3,33,333, representing the remaining portion of the estate.
3. No other heirs are entitled to inherit since only widow and son survive.
4. The distribution aligns strictly with Indian Succession Act, 1925, Part II, Sections 28–32, ensuring equitable division among statutory heirs.

Key Principle: Under the Indian Succession Act, 1925, a Christian male’s estate is divided with 1/3 to the widow and the remainder equally among children, ensuring statutory compliance.

Mnemonic to Remember – “W-C 1/3-2/3”

• W – Widow gets 1/3
• C – Children share 2/3
• 1/3-2/3 – Quick calculation for distribution

Hence, the widow receives Rs. 1,66,667 and the son Rs. 3,33,333 from the estate of Rs. 5,00,000.

About lawgnan:

Understand the distribution of property under the Indian Christian Succession Act, 1925 at Lawgnan.in. Explore how Section 28 ensures fair division of a deceased Christian male’s estate, granting 1/3 share to the widow and 2/3 to the children. This article explains the legal principles behind intestate succession, calculation of shares, and the statutory framework that governs Christian inheritance in India. Ideal for law students, researchers, and practitioners, Lawgnan provides simplified explanations of succession laws, estate distribution, and relevant case applications ensuring accurate understanding of Christian personal law.